WEBVTT - His Image Goes Viral

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<v Speaker 1>Just before nine o'clock last night, the jury returned guilty

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<v Speaker 1>verdicts against all three defendants. It was absolute shambles, to

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<v Speaker 1>tell you the truth, just absolutely really. Heaoans blood on

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<v Speaker 1>his clothing the day after the alleged at top a

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<v Speaker 1>shallow mud bank, and it fits through a river.

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<v Speaker 2>Basically, I think most of the people are used to

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<v Speaker 2>me are good people.

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<v Speaker 3>I think a really important question we need to ask

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<v Speaker 3>is how many Indigenous prisoners in Australia are innocent.

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<v Speaker 1>This is Curtain, a podcast where we pulled back the

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<v Speaker 1>blinds to shine a light on the darkest parts of

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<v Speaker 1>our justice system and ask who are the victims. I'm

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<v Speaker 1>Amy Maguire and.

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<v Speaker 3>I'm Martin Hodgson, a senior advocate for the Foreign Prisoner

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<v Speaker 3>Support Service. And a warning, this series contains the names

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<v Speaker 3>of deceased peoples and has distressing content that might upset

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<v Speaker 3>some listeners.

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<v Speaker 1>Welcome to episode fifty four of kurtin the podcast. Last week,

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<v Speaker 1>we shared a recent photo of Kevin Henry and it's

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<v Speaker 1>the first time the public has seen his image for

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<v Speaker 1>twenty seven years. The response was overwhelming, with more than

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<v Speaker 1>one hundred thousand people viewing the photo over a thousand

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<v Speaker 1>people sharing it and hundreds of comments.

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<v Speaker 2>I have to say I was really overwhelmed and surprised

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<v Speaker 2>at how big the response was. For almost all the

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<v Speaker 2>cases around the world that you work on, it's rare

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<v Speaker 2>that the public will know so much about a case

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<v Speaker 2>and never have seen an up to date photo of

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<v Speaker 2>the person. So, you know, you think of cases like

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<v Speaker 2>Peter Grassta or the Bali nine people have seen their

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<v Speaker 2>photo as perhaps their first introduction to the case, whereas

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<v Speaker 2>here people have heard about Kevin for at least two years.

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<v Speaker 2>Some have known about Kevin for the whole time he's

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<v Speaker 2>been in prison, and yet here we have, now for

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<v Speaker 2>the first time, so many people seeing his picture. Amy,

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<v Speaker 2>Why do you think there was such a huge response.

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<v Speaker 1>I think the enormous reaction was expected. I've always thought

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<v Speaker 1>that when a person is incarcerated and goes behind bars,

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<v Speaker 1>you know the system is stacked against them, and a

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<v Speaker 1>part of that system is the dehumanization of a person.

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<v Speaker 1>They don't become a person anymore, they're a prisoner, and

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<v Speaker 1>so I think being able to see Kevin Henry as

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<v Speaker 1>he is now is very powerful. It shows that there's

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<v Speaker 1>a face to the name, and it shows that we're

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<v Speaker 1>not just talking about some ideological pursuit for justice, as

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<v Speaker 1>justice for a man who has been wrongfully convicted and

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<v Speaker 1>spent time in jail for twenty seven years. He's a

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<v Speaker 1>human being. He has feelings, he has pain, he has hurt,

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<v Speaker 1>he has trauma, and I think being able to see

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<v Speaker 1>that picture of Kevin encapsulates a lot of that. I

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<v Speaker 1>think it's sad that we have to show an image

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<v Speaker 1>of Kevin in order to stress his humanity, but that's

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<v Speaker 1>unfortunately the lengths that we do have to go to

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<v Speaker 1>to continually stress that this is a man. You know,

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<v Speaker 1>this is a human being. What would it be like

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<v Speaker 1>if he was your brother, if he was your father,

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<v Speaker 1>if he was your uncle, if he was your cousin,

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<v Speaker 1>if he was your friend. And I think that's the

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<v Speaker 1>real power of a photograph. It also shows, you know,

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<v Speaker 1>we had other photos and images of Kevin when he

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<v Speaker 1>was only twenty two when he was first incarcerated, and

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<v Speaker 1>that was taken from the local media at the time

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<v Speaker 1>when he was in handcuffs, and so to see him

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<v Speaker 1>grow up and to see, you know, in a physical sense,

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<v Speaker 1>the toll that twenty seven years of incarceration has had

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<v Speaker 1>on him is also very powerful Martin. Under the photo,

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<v Speaker 1>we had a lot of questions from the public who

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<v Speaker 1>may not have known much about Kevin. There were a

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<v Speaker 1>few comments about, well, how do we know he's innocent?

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<v Speaker 1>You can't believe anything on the internet with many people

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<v Speaker 1>not even bothering to research the case. And as we've

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<v Speaker 1>shown across fifty four episodes, now we have a lot

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<v Speaker 1>of concrete evidence study is innocent. But just for the

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<v Speaker 1>listeners who may just be tuning in because of the

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<v Speaker 1>photograph they might have seen on social media, how do

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<v Speaker 1>we know Kevin is innocent?

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<v Speaker 2>I think it's understandable when you have a photograph that

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<v Speaker 2>goes viral like that about a case that does involve

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<v Speaker 2>something as serious and horrible as a murder, that some

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<v Speaker 2>people won't do their research and we'll just ask, how

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<v Speaker 2>do we know that Kevin is innocent? So for the

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<v Speaker 2>purpose of bringing people up to date, but also it's

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<v Speaker 2>relevant for everyone, even those who have listened to every episode,

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<v Speaker 2>I think it's best to just conduct a simple experiment,

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<v Speaker 2>which is to say, imagine yourself as a jury member,

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<v Speaker 2>and I put it to you that your role as

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<v Speaker 2>a jury member as defined by the law, both in

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<v Speaker 2>Australia and as many people who saw the photo were

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<v Speaker 2>from the United States and the United Kingdom and around

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<v Speaker 2>the world. That for the most part, jurisdictions rely on

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<v Speaker 2>what we call beyond a reasonable doubt. So just for

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<v Speaker 2>the next five minutes, just imagine you're a jury member

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<v Speaker 2>in a trial and I put it to you that

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<v Speaker 2>when you're asked to consider the information I'm about to

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<v Speaker 2>give you, that not only will you decide that Kevin

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<v Speaker 2>couldn't and shouldn't have been found guilty beyond a reasonable doubt,

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<v Speaker 2>that you'll conclude that he is absolutely innocent of this crime.

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<v Speaker 2>And I will use nothing more than what we know

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<v Speaker 2>to be absolute fact and that which is not contested

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<v Speaker 2>either by what was placed on the record in Kevin's

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<v Speaker 2>initial trial. What is witness statements that are in af

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<v Speaker 2>David's at risk of perjury, and what is forensic information

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<v Speaker 2>and forensic data that has come back from internationally certified

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<v Speaker 2>labs that are certified to provide evidence to courts right

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<v Speaker 2>around the world. One of them is recognized by the

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<v Speaker 2>United States Supreme Court and courts across Europe and in Australia.

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<v Speaker 2>So this is not something we're just inventing. Two post

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<v Speaker 2>mortems were done in regards to the death of Linda,

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<v Speaker 2>and there was a third autopsy that was also done.

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<v Speaker 2>In every single case, despite the allegation that Linda was raped,

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<v Speaker 2>I want to make it plainly clear, in none of

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<v Speaker 2>the forensic investigations, the first two that were done, the

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<v Speaker 2>post mortem, or the follow ups that have been done

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<v Speaker 2>in more recent years, is there a single piece of

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<v Speaker 2>evidence that suggests any sexual assault took place whatsoever. It

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<v Speaker 2>just didn't happen. And I would say at this point

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<v Speaker 2>that it really is a disgrace that the police took

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<v Speaker 2>this charge as far as they did. Linda's memory and

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<v Speaker 2>her family should not have to believe that this took

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<v Speaker 2>place when it absolutely didn't. No one went on the stand,

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<v Speaker 2>not a witness to testify it happened, nor a forensic

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<v Speaker 2>expert to say that that happened. So the charge of

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<v Speaker 2>rape can be immediately dismissed. As to the charge of murder,

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<v Speaker 2>I'll begin with the forensic evidence. There was an enormous

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<v Speaker 2>amount of forensic material at the scene, large amounts of blood,

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<v Speaker 2>large amounts of forensic material in terms of hair, clothing,

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<v Speaker 2>all recovered by police in subsequent days. There was also

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<v Speaker 2>things like broken bottles, a number of sticks, and other implements.

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<v Speaker 2>All of this was tested by two separate labs in Queensland.

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<v Speaker 2>At the time. Not a single piece of forensic material

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<v Speaker 2>belonged to Kevin Henry. I'll repeat that, not a single

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<v Speaker 2>piece of forensic material, whether it be DNA, blood, hair

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<v Speaker 2>or anything of the sort, was found at or around

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<v Speaker 2>the crime scene, linking Kevin Henry, not a shred. We

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<v Speaker 2>also know from forensic testing that the claim by police

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<v Speaker 2>that Kevin placed Linder in the water at Tanuba House

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<v Speaker 2>is also inaccurate. We know from more recent testing of

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<v Speaker 2>forensic material that we've explained previously that has to do

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<v Speaker 2>with diatoms that allow us to determine where in a

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<v Speaker 2>waterway a body has been once it's been found. We

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<v Speaker 2>also have the drag mark that was seen by the

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<v Speaker 2>fishermen and the police photographer. We also have the tidle

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<v Speaker 2>records that show Linda would have been placed in the

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<v Speaker 2>river on the other bank, the north side, and not

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<v Speaker 2>at Tanuba House where police allege Kevin Henry was. So again,

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<v Speaker 2>there's no evidence to suggest Kevin Henry ever went near

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<v Speaker 2>the body. There's no evidence to suggest any forensic link whatsoever.

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<v Speaker 2>And in fact, what the evidence does show is not

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<v Speaker 2>only was Kevin Henry not involved, that he couldn't have

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<v Speaker 2>been involved because where the body was placed is not

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<v Speaker 2>where Kevin Henry was. Now, how can we add to that?

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<v Speaker 2>There's certainly a huge amount of doubt there. In fact,

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<v Speaker 2>I would say that alone proves his innocent. But there's

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<v Speaker 2>further information. Eyewitnesses don't place Kevin Henry at the scene

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<v Speaker 2>at the crucial time where Kevin would have had to

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<v Speaker 2>have been to place Linda's body in the water. In fact,

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<v Speaker 2>eyewitnesses place other people at that scene. Eyewitnesses also place

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<v Speaker 2>those people at the place where we know the forensic

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<v Speaker 2>evidence shows Linda's body was put into the water. We

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<v Speaker 2>also know that a man confessed to the crime, and

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<v Speaker 2>that that man's lawyer went to the police and said

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<v Speaker 2>to the police that he had a client who had

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<v Speaker 2>confessed to the crime, and the police said, and I quote,

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<v Speaker 2>we've got a black for a black. Now, we also

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<v Speaker 2>have other witness testimony that shows Kevin Henry was in

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<v Speaker 2>a taxi cab at the time the body was moved

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<v Speaker 2>and placed in the river. We have further evidence from

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<v Speaker 2>eyewitnesses who describe the people who did move the body,

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<v Speaker 2>who described the car and how the body was moved,

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<v Speaker 2>and who describe the clothing that belonged to Linda and

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<v Speaker 2>where it was located, None of which involves Kevin Henry,

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<v Speaker 2>not in a forensic link, no DNA link, and no

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<v Speaker 2>eye witness link. So to be very clear, is there

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<v Speaker 2>an eyewitness that places Kevin Henry with Linda and her

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<v Speaker 2>deceased body? Know, there is not, and the police did

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<v Speaker 2>not present one at his initial trial. Is there forensic

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<v Speaker 2>evidence that links Kevin to Linda in any way whatsoever? No,

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<v Speaker 2>there is not, and the police and the prosecutor did

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<v Speaker 2>not try to offer up such evidence at trial. It

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<v Speaker 2>simply does not exist, and further recent forensic testing shows

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<v Speaker 2>that that's the case too. Are there witnesses that provide

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<v Speaker 2>an alibi for Kevin Henry? Yes, there are. There are

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<v Speaker 2>four new witness statements, and there are also the statements

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<v Speaker 2>of everyone who went on the stand. Not one of

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<v Speaker 2>them pointed the finger at Kevin Henry as them being

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<v Speaker 2>an eyewitness who saw Kevin commit this crime. And a

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<v Speaker 2>number of these new witnesses not only provide alibis for Kevin,

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<v Speaker 2>but provide the information as to who the people were

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<v Speaker 2>that were with Linda's body. So what evidence was even

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<v Speaker 2>taken to trial? All there was is this a supposed confession. Now,

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<v Speaker 2>Kevin Henry has maintained throughout his entire ordeal that he's

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<v Speaker 2>innocent of the crime and that the confession was taken

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<v Speaker 2>under duress. Now, we've previously done a number of episodes

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<v Speaker 2>on this, and I would encourage people to go back

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<v Speaker 2>and look at them and have a listen and hear

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<v Speaker 2>the evidence. But you don't just have to believe me

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<v Speaker 2>or believe Kevin that the confession that he supposedly gave

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<v Speaker 2>was taken under duress. The trial judge ruled it inadmissible,

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<v Speaker 2>and he stated clearly the record of interview from the

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<v Speaker 2>middle of Paya nineteen onwards at the CI branch is

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<v Speaker 2>tainted and cannot be received as a voluntary statement. He

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<v Speaker 2>also states that on a number of occasions Kevin maintained

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<v Speaker 2>his right to counsel and maintained his right not to

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<v Speaker 2>speak further, and they were ignored, and that the police persisted,

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<v Speaker 2>and he even said this about the prosecutor. It is

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<v Speaker 2>clearly conceded by mister Wright. The prosecutor that persistent questioning

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<v Speaker 2>about new matters is not permissible, and it seems to

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<v Speaker 2>me there is no valid distinction between clarifying material already

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<v Speaker 2>given and seeking to investigate new material. What the judge

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<v Speaker 2>was saying there is that at the beginning of the trial,

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<v Speaker 2>the prosecutor conceded that not only was the statement given

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<v Speaker 2>by Kevin in admissible other than the earlier pages where

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<v Speaker 2>he really just talks about what his name is, where

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<v Speaker 2>he lived, where he'd been that night and in the

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<v Speaker 2>days before, but also the new material, which was both

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<v Speaker 2>a video and an audio tape, were not admissible. These

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<v Speaker 2>tapes are important. The videotape was seen by Kevin's cousin,

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<v Speaker 2>uncle Doug Graham, who, like everyone else who saw it,

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<v Speaker 2>says it was grainy and that you could hardly make

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<v Speaker 2>out any of the people in the video. The second

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<v Speaker 2>is the audio tape that the police took of Kevin's

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<v Speaker 2>supposed confession, where he never actually did confess, but was

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<v Speaker 2>ruled inadmissible because it was not voluntary and it was

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<v Speaker 2>taken under threat by those police. Those cassette tapes were

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<v Speaker 2>bought privately by one of the police officers. That cassette

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<v Speaker 2>tape was taken home by a police officer. That cassette

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<v Speaker 2>tape was played in court and appeared to have been

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<v Speaker 2>tampered with. Hence the judge's comments that tape is where

0:16:17.920 --> 0:16:22.800
<v Speaker 2>Kevin Henry alleges he was forced to confess at gunpoint.

0:16:24.200 --> 0:16:28.880
<v Speaker 2>That tape allows us to hear Kevin Henry on multiple

0:16:29.120 --> 0:16:32.680
<v Speaker 2>occasions say that he has nothing more to say about

0:16:32.720 --> 0:16:35.640
<v Speaker 2>this matter and that he does not know what happened.

0:16:36.560 --> 0:16:41.720
<v Speaker 2>That tape also tells us that Kevin Henry wanted legal representation.

0:16:44.240 --> 0:16:47.240
<v Speaker 2>And what that tape also tells us, and what we

0:16:47.360 --> 0:16:51.800
<v Speaker 2>know for a fact, is that Kevin's literacy was such

0:16:51.920 --> 0:16:54.640
<v Speaker 2>that he could not read or write. He couldn't have

0:16:54.720 --> 0:16:58.960
<v Speaker 2>written that statement. It was written for him. Kevin had

0:16:59.040 --> 0:17:02.960
<v Speaker 2>no idea what was written down. He was simply forced

0:17:03.000 --> 0:17:06.359
<v Speaker 2>to sign his name to it. This is not something

0:17:06.440 --> 0:17:09.280
<v Speaker 2>you have to believe the Internet about. This is not

0:17:09.359 --> 0:17:13.760
<v Speaker 2>something you have to believe us over. This is something

0:17:13.840 --> 0:17:18.200
<v Speaker 2>the initial trial judge stated as a matter of fact,

0:17:18.640 --> 0:17:23.639
<v Speaker 2>and that was conceded by mister Wright, the prosecutor. Now

0:17:24.400 --> 0:17:28.800
<v Speaker 2>you have heard the key facts, could you possibly, based

0:17:28.840 --> 0:17:33.679
<v Speaker 2>on those, find Kevin Henry guilty beyond a reasonable doubt.

0:17:34.240 --> 0:17:36.080
<v Speaker 2>I would put it to you that you could not.

0:17:37.000 --> 0:17:39.000
<v Speaker 2>And I would also put it to you that based

0:17:39.080 --> 0:17:42.320
<v Speaker 2>on those facts, and if you took the time to

0:17:42.440 --> 0:17:46.520
<v Speaker 2>hear all the evidence we've presented throughout these fifty four episodes,

0:17:47.359 --> 0:17:51.040
<v Speaker 2>that you would find what we find that Kevin Henry

0:17:51.160 --> 0:17:55.439
<v Speaker 2>is not only not guilty beyond a reasonable doubt, Kevin

0:17:55.480 --> 0:17:59.160
<v Speaker 2>Henry is an innocent man and has been in prison

0:17:59.240 --> 0:18:03.359
<v Speaker 2>for twenty seven years for a crime he did not commit.

0:18:05.040 --> 0:18:07.520
<v Speaker 1>And what about the comments that called for a retrial.

0:18:11.160 --> 0:18:14.720
<v Speaker 2>As to the issue of a retrial, firstly, one is

0:18:14.760 --> 0:18:22.679
<v Speaker 2>simply not available. Kevin's initial lawyers exhausted all appeals. Unfortunately,

0:18:22.760 --> 0:18:26.679
<v Speaker 2>in my opinion, the grounds they appealed on, and we

0:18:26.800 --> 0:18:29.240
<v Speaker 2>know this from the transcripts, was not to do with

0:18:29.280 --> 0:18:33.520
<v Speaker 2>any of the evidence or anything that we've uncovered. It

0:18:33.560 --> 0:18:38.000
<v Speaker 2>was purely about the Privacy Act and related to the

0:18:38.119 --> 0:18:43.960
<v Speaker 2>interview that was taken under duress and the way that happened.

0:18:44.000 --> 0:18:50.360
<v Speaker 2>It was purely on technical legal issues and was not successful.

0:18:50.520 --> 0:18:54.960
<v Speaker 2>So those appeals have been exhausted, So a retrial A

0:18:55.200 --> 0:18:58.280
<v Speaker 2>can't happen. But B I would also say we don't

0:18:58.359 --> 0:19:02.320
<v Speaker 2>want nor need a retrial. The evidence is more than

0:19:02.400 --> 0:19:08.160
<v Speaker 2>clear enough Kevin is eligible for parole and should be paroled,

0:19:08.200 --> 0:19:11.080
<v Speaker 2>and that's something I'll talk about in a moment. And

0:19:11.160 --> 0:19:15.119
<v Speaker 2>we've also presented a great deal of information to the

0:19:15.160 --> 0:19:19.280
<v Speaker 2>Attorney General's Department of Queensland and the Governor General, who

0:19:19.359 --> 0:19:24.800
<v Speaker 2>have the ability to pardon Kevin. A retrial would simply

0:19:25.119 --> 0:19:28.560
<v Speaker 2>prove what we already know that Kevin Henry is an

0:19:28.560 --> 0:19:32.360
<v Speaker 2>innocent man. It would cost an enormous amount of money,

0:19:32.560 --> 0:19:35.440
<v Speaker 2>it would drag on for years, and it would cause

0:19:35.480 --> 0:19:39.240
<v Speaker 2>a great deal of distress to Linda's family who would

0:19:39.280 --> 0:19:42.639
<v Speaker 2>have to hear all of the details again. And it

0:19:42.680 --> 0:19:46.960
<v Speaker 2>would also require many of the witnesses who were traumatized

0:19:46.960 --> 0:19:51.240
<v Speaker 2>by these events to be involved in a new trial.

0:19:52.160 --> 0:19:56.000
<v Speaker 2>The other thing that makes it impossible is that many

0:19:56.040 --> 0:19:59.800
<v Speaker 2>of the witnesses are sadly deceased and they wouldn't be

0:20:00.240 --> 0:20:05.680
<v Speaker 2>to appear. Quite obviously, there's just no point to a retrial.

0:20:06.119 --> 0:20:09.560
<v Speaker 2>There's really no evidence that could be presented at a

0:20:09.600 --> 0:20:14.680
<v Speaker 2>retrial in terms of a prosecution's case, because there isn't

0:20:14.720 --> 0:20:19.560
<v Speaker 2>a case against Kevin Henry. Now, if the police wanted

0:20:19.600 --> 0:20:23.960
<v Speaker 2>to actually reopen the case, we would absolutely be open

0:20:24.040 --> 0:20:28.040
<v Speaker 2>to that because unlike the police over all these years,

0:20:28.400 --> 0:20:33.639
<v Speaker 2>and particularly unlike the police who investigated Linda's murder in

0:20:33.720 --> 0:20:38.359
<v Speaker 2>the very early days, we actually care about justice for Linda.

0:20:38.760 --> 0:20:41.399
<v Speaker 2>We actually care about finding out the truth of what

0:20:41.640 --> 0:20:47.480
<v Speaker 2>happened and ensuring that everyone knows exactly what occurred and

0:20:47.560 --> 0:20:51.440
<v Speaker 2>who is responsible, so that there can be some closure,

0:20:51.920 --> 0:20:56.040
<v Speaker 2>some truth, some justice. And I think part of the

0:20:56.560 --> 0:21:01.359
<v Speaker 2>podcast process has been to present the truth, not only

0:21:01.400 --> 0:21:06.560
<v Speaker 2>because it proves Kevin's innocence, but it also dispels many

0:21:06.800 --> 0:21:13.400
<v Speaker 2>of the misstatements, misinformation, and untruths spread by the police,

0:21:14.280 --> 0:21:18.520
<v Speaker 2>one of which is the disgusting suggestion that they made

0:21:18.920 --> 0:21:22.359
<v Speaker 2>that Linda had been raped when we know their own

0:21:22.480 --> 0:21:26.800
<v Speaker 2>forensic experts told them that never took place, and that

0:21:26.960 --> 0:21:31.560
<v Speaker 2>is in writing. So a retrial is not going to happen.

0:21:31.760 --> 0:21:34.360
<v Speaker 2>It's not something we want to call for, and it's

0:21:34.400 --> 0:21:37.840
<v Speaker 2>not something that needs to happen. There are other processes

0:21:38.000 --> 0:21:38.560
<v Speaker 2>in place.

0:21:39.560 --> 0:21:43.480
<v Speaker 1>A lot of people also asked about his parole. There

0:21:43.560 --> 0:21:46.440
<v Speaker 1>was one comment talking about the fact that she had

0:21:46.480 --> 0:21:50.159
<v Speaker 1>read Kevin had been out on parole before. Can you

0:21:50.280 --> 0:21:54.040
<v Speaker 1>just clarify exactly where the parole process is up to

0:21:54.119 --> 0:21:57.879
<v Speaker 1>and also for listeners who may not know why Kevin

0:21:57.920 --> 0:22:02.480
<v Speaker 1>has been unable to be a proof of parole previously.

0:22:03.040 --> 0:22:06.560
<v Speaker 2>Yeah, so Kevin Henry obviously has never been out on parole.

0:22:06.640 --> 0:22:11.000
<v Speaker 2>That just hasn't taken place. The issue to do with

0:22:11.200 --> 0:22:16.640
<v Speaker 2>parole is that Kevin has obviously served the sentence that

0:22:17.840 --> 0:22:21.159
<v Speaker 2>mandates the twenty five year minimum. There was also a

0:22:21.240 --> 0:22:26.560
<v Speaker 2>fifteen year minimum as well, so he's obviously completed both

0:22:26.600 --> 0:22:30.960
<v Speaker 2>of those and was initially eligible for parole many years ago.

0:22:31.640 --> 0:22:35.280
<v Speaker 2>The main issue that he's holding up the parole is

0:22:35.320 --> 0:22:40.080
<v Speaker 2>the fact that the parole board is bound by what

0:22:40.320 --> 0:22:43.720
<v Speaker 2>was found at trial, which is that Kevin was guilty

0:22:43.760 --> 0:22:46.520
<v Speaker 2>of both the rape and murder of Linda, and the

0:22:46.520 --> 0:22:51.960
<v Speaker 2>parole process when it involves a sexual assault rightly requires

0:22:52.000 --> 0:22:57.160
<v Speaker 2>that a person go through counseling and rehabilitation where possible,

0:22:57.240 --> 0:23:01.240
<v Speaker 2>if possible. But as we've pointed out, not only is

0:23:01.320 --> 0:23:05.760
<v Speaker 2>Kevin Henry innocent, he of course didn't commit this rape

0:23:05.800 --> 0:23:10.320
<v Speaker 2>because no rape occurred. So there's been a real problem

0:23:10.359 --> 0:23:13.400
<v Speaker 2>in that the parole Board has been saying Kevin has

0:23:13.440 --> 0:23:17.639
<v Speaker 2>to do a sex offender's rehabilitation cause he can't do

0:23:17.760 --> 0:23:22.320
<v Speaker 2>one because it he admit his guilt. He's not guilty.

0:23:22.680 --> 0:23:27.680
<v Speaker 2>It he discuss aspects of the crime. We know from

0:23:27.720 --> 0:23:32.439
<v Speaker 2>the forensic evidence, the evidence provided by the Queensland State

0:23:32.560 --> 0:23:37.080
<v Speaker 2>Prosecutor's Office that this didn't happen. It would require Kevin

0:23:37.160 --> 0:23:41.760
<v Speaker 2>to lie. He's not going to do that. So it's

0:23:41.800 --> 0:23:45.320
<v Speaker 2>been litigated, and we've litigated many times against the Parole

0:23:45.359 --> 0:23:48.800
<v Speaker 2>Board and their refusal, and we've won every single time.

0:23:49.680 --> 0:23:53.439
<v Speaker 2>Right now, we are in the process of organizing and

0:23:53.520 --> 0:23:58.040
<v Speaker 2>we have organized for an expert in the field to

0:23:58.160 --> 0:24:02.320
<v Speaker 2>conduct a number of interviews with Kevin that would satisfy

0:24:02.800 --> 0:24:05.960
<v Speaker 2>the Parole Board that this is in fact the case,

0:24:06.080 --> 0:24:10.760
<v Speaker 2>that Kevin Henry is a of course not a sex

0:24:10.800 --> 0:24:14.800
<v Speaker 2>offender and be not at all a threat to the

0:24:14.840 --> 0:24:18.359
<v Speaker 2>community because he wasn't a criminal in the first place.

0:24:18.880 --> 0:24:22.800
<v Speaker 2>And we hope to resolve this issue as soon as possible,

0:24:22.880 --> 0:24:26.879
<v Speaker 2>but sadly it does take time and we're being forced

0:24:26.960 --> 0:24:31.399
<v Speaker 2>to jump through hoops that are very complicated because this

0:24:31.640 --> 0:24:35.200
<v Speaker 2>is such a unique case where a man is serving

0:24:36.280 --> 0:24:40.040
<v Speaker 2>twenty seven years so far for a crime he didn't commit,

0:24:40.400 --> 0:24:45.000
<v Speaker 2>and there's no flexibility in the law to navigate such

0:24:45.040 --> 0:24:48.639
<v Speaker 2>a problem where the state has wrongly locked up an

0:24:48.680 --> 0:24:53.040
<v Speaker 2>innocent man. But we are continuing, of course, with this process,

0:24:53.720 --> 0:24:57.520
<v Speaker 2>and we expect that in the coming months we will

0:24:57.560 --> 0:24:59.280
<v Speaker 2>have navigated this issue.

0:25:00.200 --> 0:25:02.639
<v Speaker 1>People have also asked what they can do to support Kevin.

0:25:03.280 --> 0:25:04.720
<v Speaker 1>What can they do, Martin.

0:25:05.960 --> 0:25:09.439
<v Speaker 2>There's really two very simple things people can do to

0:25:09.560 --> 0:25:13.320
<v Speaker 2>help Kevin, and I think the way we started this

0:25:13.440 --> 0:25:17.760
<v Speaker 2>podcast today demonstrates the first of those things, which is

0:25:18.680 --> 0:25:22.919
<v Speaker 2>share the podcast. Just as people shared the photo of

0:25:23.000 --> 0:25:26.280
<v Speaker 2>Kevin and hundreds of thousands of people saw it, and

0:25:26.440 --> 0:25:30.800
<v Speaker 2>thousands shared it, we saw thousands of comments from around

0:25:30.880 --> 0:25:35.960
<v Speaker 2>the world. Raising awareness about these issues is the first

0:25:36.000 --> 0:25:39.560
<v Speaker 2>step to solving them. We have to have as many

0:25:39.600 --> 0:25:43.640
<v Speaker 2>people as possible knowing what is going on. It's very

0:25:43.680 --> 0:25:49.520
<v Speaker 2>difficult to get anywhere when the entire public seems naive

0:25:49.680 --> 0:25:53.280
<v Speaker 2>and ignorant to what is taking place. So the first

0:25:53.280 --> 0:25:56.359
<v Speaker 2>thing you can do is share the podcast. This is

0:25:56.400 --> 0:26:01.320
<v Speaker 2>the fifty fourth episode we've recorded. Every single one contains

0:26:01.440 --> 0:26:05.280
<v Speaker 2>vital information. And the more you share it and the

0:26:05.280 --> 0:26:08.720
<v Speaker 2>more people listen, the more the public becomes aware of

0:26:08.800 --> 0:26:13.640
<v Speaker 2>what's going on. And then here's where the rubber hits

0:26:13.680 --> 0:26:19.919
<v Speaker 2>the road. Running cases like this, freeing innocent men like

0:26:20.040 --> 0:26:25.040
<v Speaker 2>Kevin Henry bringing justice for Linda, as is proven and

0:26:25.200 --> 0:26:28.200
<v Speaker 2>happening now on a daily basis in the United States,

0:26:28.200 --> 0:26:33.400
<v Speaker 2>as we see people exonerated and sent free after serving

0:26:33.560 --> 0:26:37.560
<v Speaker 2>decades for crimes they didn't commit. These cases cost a

0:26:37.560 --> 0:26:43.720
<v Speaker 2>lot of money. As Kevin's senior legal advocate, I don't

0:26:43.840 --> 0:26:48.760
<v Speaker 2>charge Kevin a single cent, never have, never will. But

0:26:48.800 --> 0:26:53.840
<v Speaker 2>we still need to file freedom of information requests. We

0:26:53.880 --> 0:26:57.440
<v Speaker 2>need to have forensic material tested. We need to write

0:26:57.560 --> 0:26:59.919
<v Speaker 2>up all of the research that we've done and can

0:27:00.000 --> 0:27:04.480
<v Speaker 2>continue to provide information to the governor, the Attorney General,

0:27:04.560 --> 0:27:08.280
<v Speaker 2>the parole Board. We need to employ the right experts.

0:27:08.880 --> 0:27:12.119
<v Speaker 2>We've had to litigate against the Parole Board a number

0:27:12.200 --> 0:27:16.159
<v Speaker 2>of times. All of this costs large amounts of money.

0:27:16.800 --> 0:27:20.280
<v Speaker 2>And while I wish I was flushed with cash, and

0:27:20.359 --> 0:27:23.560
<v Speaker 2>I'm sure Amy does too, it's just not the case.

0:27:23.960 --> 0:27:26.879
<v Speaker 2>So if you want to support both the podcast and

0:27:26.960 --> 0:27:30.719
<v Speaker 2>the work we're doing to spread this information about Kevin

0:27:30.760 --> 0:27:35.040
<v Speaker 2>and also the broader issue of the over incarceration of

0:27:35.160 --> 0:27:38.560
<v Speaker 2>Aboriginal and Torres Strait Island, the people the sheer number

0:27:38.600 --> 0:27:43.760
<v Speaker 2>of these cases that have resulted in innocent people in prison,

0:27:44.400 --> 0:27:47.960
<v Speaker 2>then please consider supporting us financially, you can do it

0:27:48.000 --> 0:27:51.520
<v Speaker 2>from as little as a dollar a month twelve dollars

0:27:51.600 --> 0:27:54.399
<v Speaker 2>a year. All you have to do is go to

0:27:54.440 --> 0:27:57.919
<v Speaker 2>our Patreon page, which you can find on the website

0:27:57.960 --> 0:28:03.840
<v Speaker 2>www dot com, curtainthepodcast dot com, or go to Patreon

0:28:04.480 --> 0:28:07.119
<v Speaker 2>and find us under Curtain podcast.

0:28:08.040 --> 0:28:10.280
<v Speaker 1>That was episode fifty four of Curtain